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Appearance

chapter
posted on 06.12.2017, 00:00 by Stephen ColbranStephen Colbran
An appearance is the procedure used by the defendant to inform the plaintiff that he or she intends to defend the proceedings. The procedure prevents the plaintiff entering a default judgment or taking further steps without notice to the defendant. In Queensland, an appearance is known as a Notice of Intention to Defend. In the Australian Capital Territory, it is called a Notice of Intention to Respond. Appearances are of two types, though both types are not available in all jurisdictions. The most common type is an unconditional appearance, which acknowledges the court’s jurisdiction and waives any irregularity in service or commencement of proceedings. The other form of appearance is a conditional appearance. Conditional appearances do not waive procedural irregularities, but preserve arguments based on lack of jurisdiction and other irregularities. In the event that an appearance is not entered, the defendant is at risk of a default judgment being entered. Appearances have been abolished in South Australia and in the Federal Court in favour of filing a Notice of Address for Service or alternatively in South Australia, a defence. In New South Wales a Submitting Appearance (r 6.11) and in the Australian Capital Territory, Notice of Intention to Respond (r 106), may be used by a defendant to submit to the orders of the court save as to costs, and take no part in the proceedings.

History

Parent Title

Civil procedure : commentary and materials

Start Page

389

End Page

411

Number of Pages

23

ISBN-13

9780409331943

Publisher

LexisNexis Butterworths

Place of Publication

Chatswood, NSW

Open Access

No

External Author Affiliations

Faculty of Arts, Business, Informatics and Education; TBA Research Institute;

Era Eligible

No

Edition

5th

Number of Chapters

21